And Baldur von Schirach, then Gauleiter of Vienna, said to Hitler in 1940: “Vienna cannot be conquered with bayonets, but only with music.”

Those two utterances are characteristic of the nature of this defendant. It is the task of the Defense to examine the evidence produced in this Trial for the purpose of ascertaining whether the same Baldur von Schirach, who expressed such thoughts, really committed those crimes against law and humanity with which he is charged by the Prosecution.

Schirach is the youngest defendant here. He is also, of all the defendants, the one who was by far the youngest when joining the Party, which he did when he was not yet 18. Those facts in themselves are perhaps of some significance in judging his case. When still at school he came under the spell of rising National Socialism; he was particularly attracted by the Socialist idea, which had already in his country school recognized no difference between the sons of fathers of different classes and professions; those boys around Schirach saw in the popular movement of the twenties in Germany a promise of the resurgence of our fatherland from the aftermath of the lost Great War into a happy future; and fate willed it that as early as 1925, when he was seventeen, Schirach came into personal contact with Hitler in Weimar, Goethe’s home. Hitler’s personality made a fascinating impression on young Schirach, as he himself admitted; the program for the National Community (Volksgemeinschaft), which Hitler had evolved at that time, met with Schirach’s wholehearted enthusiasm, because he thought he saw reproduced therein on a full-size scale that which he had personally experienced in a small way in the comradeship of the country school and in his youth organization. To him and his comrades Hitler appeared as the man who would open for the younger generation the road into the future; of him this younger generation had hopes for its prospects of work, its prospects of a secure existence, its prospects of a happy life. Thus the young man became a convinced National Socialist; this fact was the result of the environment in which he had spent his youth and which formed a soil only too fertile for the growth of that ideology which young Schirach embraced because at that period he held it to be the right one. This environment of his childhood and a vast amount of one-sided political literature, which the young man devoured in his thirst for knowledge, made of him, while still an inexperienced youth, also an anti-Semite. He certainly did not become an anti-Semite in the sense of those fanatics who ultimately did not shrink even from acts of violence and pogroms, of those who finally created an Auschwitz and murdered millions of Jews; but an anti-Semite in the moderate sense, who would merely curb Jewish influence in the government of the state and in cultural life but for the rest would leave untouched the freedom and rights of Jewish fellow citizens and who never thought of exterminating the Jewish people. At least that is the conception of Hitler’s anti-Semitism which young Schirach evolved during those years.

That this was really Schirach’s opinion is also substantiated by the statement which Schirach made here on the morning of 24 May 1946, when he described without reservation the crimes committed by Hitler as a shameful episode in German history, as a crime which fills every German with shame; that statement in which he openly states that Auschwitz must signify the end of any and every racial and anti-Semitic policy. That statement here in this courtroom came from the bottom of the heart of the Defendant Schirach; it was the result of the terrible disclosures which this Trial brought to him also, and Schirach made this statement here openly before the public in order to bring back German youth from a wrong path to the road of justice and tolerance.

Gentlemen, I would now like to bring to your attention the more important accusations which have been raised against Schirach, and the major results which the evidence has produced in the various points. The Defendant Schirach is first of all accused of the fact that before the seizure of power, that is, before the year 1933, he actively promoted the National Socialist Party and the youth organization affiliated with it and that he thereby contributed to the rise of the Party to power. He had been, as stated in the trial brief, a close and abject follower of Hitler; he had stood in blind loyalty to Hitler and the latter’s National Socialist world of thinking; and he had, as leader of the student’s league, led the students ideologically and politically to National Socialism and won them over to it.

All this, if Your Honors please, is not denied by Schirach in any manner. He has done what he is being accused of in this respect; this he confesses openly, and for this he naturally takes responsibility. The only thing which he denies with regard to this, and all the more emphatically with regard to the later period, is the accusation that he participated in a conspiracy. Schirach himself pointed out that the Leadership Principle and dictatorship in their character and their theory are absolutely incompatible with the idea of a conspiracy, and a conspiracy appears to him a logical impossibility if many millions of members are to be included and when its existence and aims lie exposed before the country concerned as well as before the world. We furthermore know from the results of this Trial that Hitler, aside from Bormann and Himmler, did not have a single friend or adviser with whom he discussed his plans and aims; on the contrary he carried the Leadership Principle to the furthest extreme. He dispensed with all advisory meetings or discussions which might have affected his decisions in any way, reaching his decisions all by himself without even listening to the opinion of those closest to him. For him it was a matter of orders on his own part, and unconditional obedience on that of the others. I wish to refrain from further statements about that chapter, but that is what the “conspiracy” really looked like; and all of us who have witnessed this Trial would never have felt this ultra-radical application of the Leadership Principle to be possible had not all the defendants and all the witnesses familiar with the facts, in complete agreement and without a single exception, presented the same picture to us over and over again.

Now Schirach is not denying at all that already in his very early years he came completely under the influence of Hitler, that he placed himself with his whole young personality at the service of these ideas, and that at the time, as stated quite correctly in the Indictment, he was devoted to Hitler with unconditional loyalty.

If this was a crime on the part of young Schirach, a crime which millions of older, more experienced, mature Germans have committed with him, then you, as his judges, may condemn him for this if our code of law furnishes a legal basis for it. That would be but a further disappointment in addition to the many others which he has been experiencing for years. Schirach knows today that he gave loyal support unto the end to a man who did not deserve it; and he also knows today that the ideas, about which he was enthusiastic in his young years and for which he sacrificed himself, led in practice to ends of which he himself had never dreamed.

But even the Schirach of today, purged by many bitter experiences, cannot see any criminal act in the activity of his younger years which he carried out in good faith, together with millions of other Germans, for Hitler and his Party. For the Party at that time appeared quite legal to him; Schirach never had any doubt that it also came into power by legal means. The seizure of power by the Party, the appointment of Hitler as Reich Chancellor by Reich President Von Hindenburg, the winning of the majority of the people for the Party by repeated elections, all this confirmed to young Schirach again and again the legality of the movement he had joined. If today he were to be punished because he acknowledged as his Führer this same Hitler whom millions of Germans and all the countries of the world recognized as legal head of the State, Schirach would never be able to acknowledge such a decision as being just. In spite of the severe judgment which he himself has pronounced in this courtroom on Hitler according to his personal conviction, he would consider himself a victim of his political convictions if he were to be sentenced because, as a young enthusiastic man, he joined the National Socialist Party and collaborated in its construction and seizure of power. At the time he did not look upon that as a crime but from his standpoint considered it his patriotic duty.

The second and by far more important accusation which has been raised against the Defendant Von Schirach is to the effect that he, as Reich Youth Leader in the years 1932 to 1940, to quote the Indictment literally, “poisoned the thought of youth with Nazi ideology and especially trained it for aggressive war.” Schirach has always contested this claim emphatically, and this claim has not been substantiated by the results of the evidence either.

The law on the Hitler Youth of 1936 described Schirach’s task as Reich Youth Leader as being “to educate youth, outside the parental home and outside school, physically, intellectually, and morally for service to the people and to the national community in the spirit of National Socialism through the Hitler Youth movement and its leader,” that is, the Defendant Von Schirach. This was the program. This program is repeated word for word in the enactment decree of 1939, which was postponed for so long—3 years—because Schirach did not want to introduce compulsory membership until the movement already practically included the entire German youth on the basis of voluntary membership, so that future joining by compulsion would exist on paper only.

The Hitler Youth program, as it was formulated by Schirach in his speeches and writings—and no other program of the Hitler Youth exists—does not contain a single word which would point toward military education of youth, much less an education in aggressive warfare; nor does in practice the education of youth, in Schirach’s opinion, in any way give evidence of a military education of German youth for such a purpose. In that respect the point was stressed by the Prosecution that the Hitler Youth movement was organized in various detachments and divisions. That is true, although the designations listed by the Prosecution are not correct and although they have not the slightest reference to military formations. But in the last analysis every youth movement the world over will show a classification into smaller or larger units; each of these units naturally will also need a name and some responsible leader. As in the other countries, so also in the German Hitler Youth the leader of the unit was discernible by some sign of his rank, be it a leader’s cord, stars, or other insignia of rank. This naturally has nothing to do with the military character of youth education.

From personal familiarity with the practice in foreign countries Schirach knows that foreign youth organizations, in Switzerland as well as in France and other countries, have similar classifications and similar insignia, although it never occurred to us so far to make that a reason for considering such foreign youth organizations as military associations.

It was furthermore stressed that formations of male youth in Germany were also given training in shooting. That is also correct but equally proves very little, in the opinion of Schirach, because the shooting instruction for the Hitler Youth organization took place, without exception, with small-bore rifles, in other words, with a type of short, light target rifle which is nowhere in the world considered as a military weapon and which is not even mentioned in the enumeration of military weapons in the Versailles Treaty. The Hitler Youth movement in Germany did not possess a single military weapon, no infantry rifle or machine gun, no power-driven airplane, no cannon or tank, throughout its whole existence. After all, when speaking of military training, then such training would primarily have had to take place with military weapons such as are used in modern warfare. To be sure, as has been established in the cross-examination of Schirach, in order to give added importance to his office, a certain Dr. Stellrecht, the technical adviser on shooting instruction in the leadership of the Reich Youth movement attempted to ascribe a certain special importance to this particular branch of youth training. Schirach, however, was able to show without being refuted that for this very reason differences of opinion arose between him and this technical adviser and that he therefore finally dismissed Dr. Stellrecht because he, Schirach, opposed any development which might have tended toward military training of youth. In any case, this very Dr. Stellrecht, who was produced by the Prosecution as a witness against Schirach, nevertheless for his part admitted that “not a single boy in Germany was trained in handling weapons of war” and that “not one boy was given a military weapon.” That is, word for word, the testimony of Stellrecht.

Also of importance in considering these questions is the fact that Schirach, as a matter of principle, refused to permit young people to be trained by active officers or former officers because he considered these persons entirely unsuitable to educate young people in that spirit which he envisaged as the goal of his activity. Moreover, neither Schirach nor any of his closer associates were officers before the war; and the same holds true for the overwhelming majority of the high or low ranking HJ leaders subordinate to him.

All these facts are firmly established by the testimony of the Defendant Schirach himself and through depositions made by the witnesses Lauterbacher, Gustav Hoepken, and Maria Hoepken during their examination. For many years these witnesses were Schirach’s closest collaborators; they are thoroughly familiar with his views and principles and they have unanimously confirmed that it is entirely incorrect to speak of a military or even premilitary training of the Hitler Youth.

At this point, Gentlemen, I should like to add one thing. I have just mentioned, as a witness, the name Lauterbacher. The Prosecution, during their cross-examination, made an attempt to impugn the credibility of the witness Lauterbacher by asking him, during his interrogation on 27 April 1946, how many people he had hanged publicly and furthermore by charging that he had ordered four or five hundred prisoners from the penitentiary in Hameln to be poisoned or shot. In this connection the American prosecutor had submitted seven affidavits under Exhibit USA-874, among them one by a certain Josef Krämer, who in fact made the assertion in his affidavit that the witness Lauterbacher, who appeared here for Schirach, in his function as Gauleiter of Hanover had given him orders for the murder of the prisoners.

During the Court’s session of 27 May 1946, I protested against the use of that affidavit by Krämer and produced, Gentlemen, a newspaper article according to which the witness Krämer, on 2 May 1946, had been sentenced to 7 years’ imprisonment by a court of the 5th British Division. Several days ago I submitted as evidence a report from the Rhein-Neckar Zeitung of 6 July 1946 which states that the witness Hartmann Lauterbacher in the meantime had been acquitted by the Supreme British Military Court in Hanover. From that it can be seen that the doubts which the Prosecution cast upon the credibility of the witness Lauterbacher and which they based on the affidavit of this Krämer were unfounded.

May I now continue in my presentation on Page 8.

With reference to the premilitary training of the HJ it has also been repeatedly emphasized in rebuttal that the Hitler Youth wore a uniform. That is correct, but proves nothing, for the youth organizations of other countries, too, are accustomed, as is generally known, to wear a common costume, some sort of uniform, without anybody for this reason terming them military or semimilitary organizations; and Schirach and several of his associates have informed me that in many democratic countries, which certainly do not contemplate war, much less a war of aggression, male youth is trained in handling proper military weapons and that every year contests are held in shooting with military rifles.

Why was it that Schirach introduced a uniform for the Hitler Youth—and indeed not only for the boys but also for the girls? We have heard the answer to this from several witnesses. Schirach, I may quote here, saw in the uniform of the boys and in the uniform costume of the girls the “dress of socialism,” the “dress of comradeship.” Schirach wrote at that time already that the child of the rich industrialist was to wear the same clothes as the child of the miner, the son of the millionaire the same clothes as the son of an unemployed man. The uniform of the Hitler Youth was to be, as Schirach wrote in 1934 in his book The Hitler Youth, the expression of an attitude which did not consider class and property, but only effort and achievement. The uniform of the Hitler Youth was for Schirach, as expressed further in this same book, “not the sign of any militarism, but the symbol of the idea of the Hitler Youth, namely, classless society,” in the spirit of the election slogan which he gave the Hitler Youth in 1933: “Through Socialism to the Nation.” Schirach remained faithful to the principle expressed in these quotations as long as he was Youth Leader. Thus, in the official publication of the Hitler Youth in 1937, he wrote—I quote word for word:

Schirach had this comradeship and this socialism in mind when, in 1934, he describes in his book The Hitler Youth how he conceived this socialism; and I quote again, word for word:

That ends the quotation describing the attitude of Von Schirach at that time.

Schirach has pointed out again and again in his numerous writings, articles, and speeches, which have been collected in the document book and have been submitted to the Tribunal, that, to use his expression, he did not desire any “pseudo-military drill,” which would only spoil the joy of the young people in their movement.

The training of the young people in small-bore shooting was in line with the training in all sports activities and corresponded to the inclination of the boys, in all countries, who are particularly interested in the sport of shooting. But this training played a very minor role in volume and importance by comparison with the greater aims which Schirach pursued in the Hitler Youth movement, about which not only Schirach but the other witnesses examined give as clear a testimony as the writings and speeches of Von Schirach. These aims of the Hitler Youth education shall be listed here briefly as they have been demonstrated by the presentation of evidence; Schirach is naturally not accused in connection with these other aims of the Hitler Youth education, but one must nevertheless consider and evaluate them when desiring to obtain a total picture of his personality, his activity, and his plans.

Apart from this education of youth in terms of comradeship and of socialism in the sense of overcoming class distinction, Schirach had, as he explained here, primarily four aims in mind:

First the training of youth in the various types of sports, and in connection therewith juvenile health supervision; this branch of youth education took up a very large part of Hitler Youth activities, and the fact that German youth obtained such an unexpected success at the Olympic Games in 1936 was to a certain extent due to the activity of the Hitler Youth leadership in co-operation with the Reich Sports Leader Von Tschammer-Osten.

Another aim was postgraduate training and advancement of working youth and the improvement of the position of adolescent wage earners through youth legislation, particularly by prohibiting night work, increasing spare time, granting paid vacations, prohibiting child labor, raising the protected age of adolescents, et cetera. Advanced vocational training was promoted so successfully that finally more than a million boys and girls entered for the annual occupational competitions, and from year to year the average performance in each branch rose very considerably.

A third main aim of youth education was the promotion of love of nature, far away from the dens of iniquity of large cities, through hiking trips and in youth hostels. Thousands of youth homes and youth hostels were built in the course of these years on Schirach’s initiative out of the Hitler Youth movement’s own funds, in order to get the young people out of the large cities with their temptations and vices and return them to rural life to show them the beauties of the homeland and to afford a vacation to even the poorest child.

But Schirach concentrated his chief attention on the fourth goal of youth education, namely, co-operation with the youth of other nations; and this activity is a particularly suitable test for the question as to whether one can accuse the Defendant Von Schirach of having taken part in the planning of wars of aggression and of having committed crimes against peace. Schirach has told us here on the witness stand that time and again, both in summer and winter of every year, foreign youth groups were the guests of German youth; and it is shown by the documents in Von Schirach’s document book that, for instance, already in the year 1936 no less than 200,000 foreign youths received overnight lodgings in German youth hostels, and correspondingly year after year German youth delegations went abroad, especially to England and France, in order to enable young people to get acquainted with and respect one another. Those very endeavors of Schirach’s, which would be absolutely incompatible with any intention to prepare wars of aggression, received unreserved recognition abroad before the war. In 1937 in one of the special numbers of the Hitler Youth magazine Wille und Macht dedicated to this task of understanding, which was also published in French and circulated very widely in France and which is quoted here only as an example, the French Prime Minister Chautemps—I have the evidence in the document book—declared his willingness, as head of the French Government, to promote these peaceful meetings.

The mayor of Versailles of that time wrote in the same spirit to Schirach, ending his appeal in the monthly organ of the Hitler Youth with the words:

The French Ambassador, François Poncet, gave credit to Schirach’s efforts no less heartily in the same publication under the title “Youth as a Bridge” and concluded his lengthy article with the words:

And Schirach himself answered in the next issue of his monthly publication, which also appeared in French, with an enthusiastic article under the title, “Salute to France!” In it he writes, for instance:

At the end Schirach calls attention to the fact that all higher youth leaders of the German Hitler Youth movement had a short time previously expressed their respect in the name of the young generation of Germany to the French Unknown Warrior by placing a wreath under the Arc de Triomphe, and he concludes with the words:

These, Gentlemen of the Tribunal, are the words of the same Baldur von Schirach whom the Prosecution tries to brand as a deliberate partner in a Hitlerian conspiracy for war. The Prosecution wants to make a war criminal out of this untiring prophet for international understanding and peace, who is charged with having militarized youth and prepared it, bodily and psychologically, for wars of aggression and of having worked against peace. So far, the Prosecution has not been able to furnish evidence to this effect.

Schirach has written various doctrinal books for youth, which were held against him in the trial brief; he has published a quantity of essays on a vast variety of problems of youth education; his innumerable speeches addressed to youth have been printed; his orders and instructions to youth are available to you and the Prosecution in collected form. Yet it must be concluded that among all these, which constitute his views during the whole of the time when he was active as Reich Youth Leader, not a single item is to be found in which he made inflammatory remarks in favor of war or preached attacks against other countries.

The Prosecution has stated in this very connection that he referred to the “Lebensraum” in his book The Hitler Youth, which I have repeatedly mentioned, and by so doing adopted as his own a slogan of Hitlerite aggression policy. This claim is incorrect, for the whole book, The Hitler Youth, does not, any more than every other speech and writing of Schirach, contain this word at all. True, he has referred at two points to “Eastern space” in his book, The Hitler Youth, published in 1936; but he quite obviously did not in any way employ this term with reference to Polish or Soviet-Russian territories but to the eastern provinces of the former German Empire, that is to say, to territories which formerly belonged to. Germany; they were known to be very thinly populated and well suited for the settlement of excess German population.

Nowhere has Schirach, I would like to state in conclusion with regard to this topic, at any time up to the outbreak of the second World War expressed the idea that he might wish Germany to conquer foreign territories; neither has he ever uttered the odious slogans of the German “Master Race” or the “Sub-humanity” of other nations; on the contrary, he was always in favor of preserving peace with the neighboring nations and always advocated the peaceful settlement of any conflicts that cropped up out of inevitable clashes of interests. Gentlemen of the Tribunal, had Hitler possessed but a fraction of the love of peace which his Youth Leader preached time and again, then perhaps this war would have been spared us Germans and the whole world.

PRESIDENT: We will adjourn now.

[The Tribunal adjourned until 18 July at 1000 hours.]

Morning Session

MARSHAL: May it please the Tribunal, the Defendants Hess, Von Ribbentrop, and Fritzsche are absent.

DR. SAUTER: May it please the Tribunal, yesterday at the end of my statement I dealt with the charge of the Prosecution that the Defendant Von Schirach had trained and educated the youth of the Third Reich in a military sense, that he had prepared them for the waging of aggressive wars and had participated in a conspiracy against peace. Now I turn to a further accusation which has been made by the Prosecution against Defendant Von Schirach.

Since the Prosecution could not prove that the Defendant Von Schirach had ever promoted Hitler’s war policy before the war, he is being charged with having had various connections with the SS and SA, and especially with the fact that the SS, the SA, and the Leadership Corps of the Party obtained their recruits from the Hitler Youth. This last fact is quite correct, but it proves nothing as to Schirach’s attitude toward Hitler’s war policy and is equally pointless as regards the question of his participation in Hitler’s war conspiracy. For since 90 or 95 percent or more of German youth belonged to the Hitler Youth movement it was only natural that the Party and its formations as the years went by should receive their young recruits in an ever-increasing measure from the Hitler Youth. Practically no other youth was available.

The Prosecution has referred to the agreement between the Reich Youth Leadership and the Reichsführer SS, dated October 1938, concerning the patrol service of the Hitler Youth, which was submitted to Your Honors as Document 2396-PS; however, no inference can be drawn therefrom, for patrol service in the Hitler Youth was merely an institution designed to check up on and supervise the discipline of Hitler Youth members when they appeared in public. It was, therefore, a kind of organization police which was employed by the Hitler Youth movement entirely within its own ranks. In order, however, to guard against difficulties with the regular Police, an arrangement with the Reichsführer SS Himmler was necessary because as chief of the whole police organization in Germany he might have made trouble for the institution of the HJ patrol service. This was the only object of the agreement of October 1938, which in reality had just as little to do with providing recruits for the SS as with the conduct and preparation of war. Moreover, it can clearly be seen how resolutely Schirach strove against any influence on the part of the Party over the Hitler Youth from the fact that in 1938 he protested very sharply against having the education of the Hitler Youth during their last 2 years from 16 to 18 taken over by the SA. He emphatically opposed this plan and through personal intervention with Hitler prevented the Führer decree in question from being applied in practice.

As for his attitude toward the SS, we know from the testimony of the witness Gustav Hoepken, who was heard here on 28 May 1946, and from the affidavit of the witness Maria Hoepken, Schirach Document Book Number 3, that Schirach always feared he was being shadowed and spied upon by the SS in Vienna. He always had an uncomfortable feeling because at the beginning of his activity in Vienna a permanent deputy had been appointed for him in his capacity as Reich Governor (Reichsstatthalter) and Reich Defense Commissioner in the person, of all things, of a higher SS leader, a certain Dr. Delbrügge; he was, as Schirach knew, closely associated with the Reichsführer SS who, as has been proved, proposed to Hitler in 1943 that Schirach should be imprisoned for defeatism and brought before the Peoples’ Court, which meant in practice that Himmler would have had Schirach hanged. These facts alone are already proof of the real relationship between the Defendant Von Schirach and the SS, and it will be understood why Schirach finally refused even the police protection squad assigned to him and preferred to entrust his personal protection to a unit of the Wehrmacht which was not subordinate to the order of Himmler. (See affidavit of Maria Hoepken in Schirach Document Book Number 3.)

Another accusation which has been made against the Defendant Von Schirach concerns his attitude in the Church question. This attitude corresponds to the impression given by the present proceedings, and while this issue is not given any prominence in the Indictment, it is nevertheless of considerable importance as far as the appreciation of Schirach’s personality is concerned.

Schirach himself, as well as his wife, always remained members of the Church. To the foreign critic this circumstance may perhaps appear an unimportant detail, but we Germans know what pressure was exerted upon high-ranking Party officials in these very matters, and how few in his position ventured to resist such pressure. Schirach was one of those few. He was the one high-ranking Party Leader who constantly and invariably punished with extreme severity any hostile interference and outrages against the Church on the part of the Hitler Youth. He has also been reproached for the fact that various songs were sung by the Hitler Youth which contained offensive remarks about religious institutions, but in this respect Schirach could with a clear conscience confirm on his oath that partly he was unaware of those songs, which is quite conceivable where an organization of 7 or 8 million members is involved; on the other hand, certain songs now considered objectionable date back to the Middle Ages and figured in the song book of the Wandervogel, a former youth organization which the Prosecution surely does not propose to condemn. Schirach has however especially pointed out that during the years 1933 to 1936 several million youths from an entirely different spiritual environment joined the Hitler Youth and that during the first revolutionary years, that is, in the period of storm and stress of the Movement, it was quite impossible to hear of and prevent all lapses of this sort. Whenever Schirach did hear of such things he intervened and remedied abuses of that kind, which after all represented offenses on the part of isolated elements incapable of compromising the youth organization as a whole.

It is Schirach’s conviction that the examination of evidence leaves no doubt as to his conciliatory behavior in the matter of the Church, and that he strove to establish proper relations of mutual respect between the Church on the one hand and the Third Reich, and more especially the Reich Youth Leadership, on the other hand, and to observe their respective rights and competences. At his own request Schirach was permitted by the Reich Minister of the Interior to take part in conducting the Concordat negotiations with the Catholic Church in 1934, because he hoped to achieve an agreement with the Catholic Church more easily by his personal co-operation. He honestly endeavored to find a formula for the settlement of the youth question by which agreement with the Catholic Church could be possible. His moderation and good will in this respect were frankly acknowledged by the representative of the Catholic Church at that time. But everything was ultimately frustrated by Hitler’s opposition and the complications created for these negotiations by the events of 30 June 1934, the so-called Röhm Putsch.

With the Protestant Church, on the other hand, Schirach achieved an agreement with the Reich Bishop, Dr. Müller, so that the incorporation of the Protestant youth groups into the Hitler Youth was not attained by constraint but by mutual agreement, not by breaking up these associations by the State or the Party, as the Prosecution assumes, but upon the initiative of the Protestant ecclesiastical head and in complete agreement with him. It must be pointed out here that it was always Schirach’s policy that no restrictions were to be imposed on church services by the Youth Leadership, neither then nor later. On the contrary, as he himself has testified and as was confirmed by the witness Lauterbacher, Schirach emphatically stated in 1937 that he would leave it to the churches to educate the younger generation according to the spirit of their faith, and at the same time he ordered that, as a principle, no Hitler Youth service was to be scheduled on Sundays during the time of church services. He gave strict orders to the unit leaders of the Hitler Youth not to schedule duties which might disturb church services. If, however, in individual cases such interference did occur and some religious authorities lodged complaints as the cross-examination revealed, then the Defendant Schirach cannot be blamed for this, nor does it alter the fact that he had every good intention.

During the Trial not a single case could be proved in which he stirred up feeling against the Church or made antireligious statements; on the contrary, at numerous rallies as submitted to the Tribunal in the Schirach document book, he not only repeatedly opposed the allegation that the Hitler Youth were enemies of the Church or atheists, but he always positively impressed upon the leaders and members of the Hitler Youth the necessity of fulfilling their obligation toward God; he would not tolerate anyone in the Hitler Youth who did not believe in God; every true teacher, he told them, must imbue youth with religious feeling, since it was the basis of all educational activities; Hitler Youth service and religious convictions could very well be associated with each other and exist side by side; no Hitler Youth leader was to engender conflicts of conscience whatsoever in his boys. Leave of absence was to be granted to Hitler Youth members for religious services, rites, et cetera. Such was Von Schirach’s point of view.

Whoever gives such instructions to his subleaders, and continues to do so over and over again, can demand that he should not be judged an enemy of the Church and an enemy of religious life. Incidentally, it is interesting in this connection to note what such a reliable judge as Nevile Henderson wrote in his oft-quoted book Failure of a Mission about a speech which he heard Schirach deliver at the 1937 Reich Party Rally, parts of which have been submitted in Schirach’s document book. Henderson, who as Ambassador in Berlin knew German conditions intimately, evidently expected that Baldur Schirach would speak against the Church at the Reich Party Rally and would influence the young people in the spirit of enmity to the Church, as was often done by other leaders of the Party. Henderson writes, and I quote two sentences:

And Henderson added:

What Schirach really thought with regard to religion, and in what sense he influenced youth, is indicated not only by a statement he made on the occasion of a speech before the teachers of the Adolf Hitler Schools at Sonthofen, to the effect that Christ was the greatest leader in the history of the world, but likewise by the small book, submitted to you in evidence, entitled, Christmas Gift of the War Welfare Service. This book, which was sent out in large numbers, was dedicated by Schirach to the front-line soldiers who joined from the ranks of the Hitler Youth movement in 1944, at a time when radicalism in all spheres of German life could hardly become more pronounced.

Here also Schirach was an exception: You will find no swastika, no picture of Hitler, no SA song in the book of Reichsleiter Von Schirach, but among other things a distinctly Christian poem from Schirach’s own pen, then a picture of a Madonna, and next to it a reproduction of a painting by Van Gogh who, as is generally known, was strictly banned in the Third Reich. Instead of inflammatory words, we find an exhortation to a Christian way of thinking and the “Wessobrunner Gebet,” familiar as the earliest Christian prayer in the German language. Bormann stormed when he saw the pamphlet, but Schirach remained firm and refused to withdraw the little book or alter it in any way.

The Defendant Von Schirach has been charged with having once undertaken a hostile act against the Church, and with having thereby taken part in the persecution of the Church. From a letter by Minister Lammers of 14 March 1941 (Document R-146), it appears that Schirach had proposed to keep confiscated property at the disposal of the Gaue, and not to hand it over to the Reich, but this case is no justification at all for connecting the Defendant Von Schirach in some way or other with the persecution of the Church. The case mentioned by the Prosecution does not concern church property at all, but confiscated property of a Prince Schwarzenberg in his Vienna palace. This affair therefore never had anything to do with the Church. This is also confirmed unequivocally by Minister Lammers’ letter of 14 March 1941 (R-146), which mentions only, I quote, “a confiscation of the property (of persons) hostile to the people and the State,” whereas Bormann’s far-reaching personal intention becomes apparent and betrays his hostile attitude toward the Church when he writes about “church properties (monastic possessions, and so forth)” in his accompanying letter of 20 March 1941 referring to this case. Moreover, the confiscation of Prince Schwarzenberg’s property was not caused, pronounced, or carried out by Schirach. Schirach had nothing to do with the confiscation as such; Schirach, however, in agreement with the other Gauleiter of the Austrian NSDAP, and at their request, personally applied to Hitler and asked that such confiscated property should not be taken to the Reich and not be used on behalf of the Reich, but that it should remain in Vienna. This suggestion met with approval. Hitler complied with his request, the result of Schirach’s efforts being that, when the confiscation was rescinded later on, the property could be returned to the legitimate owner, whereas it would otherwise have been lost by him. By acting thus, Schirach no doubt rendered a service to the Gau of Vienna and to the owner of the property seized. This instance surely cannot be construed as a charge against the Defendant Von Schirach; on the contrary, it speaks in his favor just as the other case where, disregarding Bormann, he intervened on behalf of Austrian nuns and as a result brought about, by a direct order from Hitler, the discontinuance from one day to the other of the whole project of confiscating church and monastic property in the whole Reich.

If the Prosecution further undertakes to charge the Defendant Von Schirach with the fact that the Vienna authorities subordinate to him proposed to establish an Adolf Hitler School in the monastery of Klosterneuburg in 1941, I must point out that even prior to the requisitioning of this monastery, and entirely independently of Schirach, the Vienna police and several Vienna courts had uncovered a considerable number of criminal offenses in this monastery, furthermore that the confiscation of part of the monastery seemed entirely justified to the Defendant Von Schirach, since the very spacious rooms of this religious establishment were not required for monastery purposes.

It should also be noted that the monastery, as can be seen from documents submitted, did not file any protest with the Reich Minister of the Interior against the decision to confiscate, and thereby recognized the confiscation as legal, although it had been expressly informed in the confiscation decree of the possibility of lodging a complaint. Moreover, the confiscated quarters were afterward not used for the establishment of an Adolf Hitler School, but for the Museum of Historical Art (thus not for a Party establishment), which again testifies to the fact that the confiscation decree had in no way been issued because of a hostile attitude on the part of Schirach toward the Church. Had it been Schirach’s object to attack the monastery because it was an ecclesiastical institution, he would have included in the confiscation the rooms used for religious ceremonies. These, however, he strictly excluded.

Moreover, when appraising this case, attention should be paid to the fact that the justification of the confiscation decree of 22 February 1941 displays remarkable reticence. The decree restricts itself to justifying the confiscation by the fact that on the one hand Vienna badly needed room and that on the other hand the premises confiscated were not required for the purposes of the monastery. Not a single word mentions or even suggests that criminal offenses had taken place in the monastery, as recorded in a police report of 23 January 1941, which is submitted to the Court. If this confiscation had been the result of a hostile attitude of Schirach toward the Church, we could have been sure that somehow or other reference would have been made to these criminal offenses to justify the confiscation. At Schirach’s wish a monthly indemnification was paid to the clergy who had occupied some of the confiscated rooms, for which payment there existed no official obligation whatever.

Defendant Von Schirach’s further behavior does not reveal any hostile attitude toward the Church, particularly if one considers, when judging this behavior, that during these years even a Reichsleiter was under strong pressure by the Reich Chancellery and by Bormann, and that at that time a considerable amount of courage was necessary to resist this pressure and carry on a policy in opposition to the official Berlin policy.

The witness Wieshofer of Vienna, who had the opportunity of watching Schirach’s activities, confirmed before the Court that in Vienna Schirach likewise strove to establish correct relations with the Church, that he was always willing to listen to any complaints of the Cardinal of Vienna and took severe measures against the excesses of individual members of the Hitler Youth or Hitler Youth leaders. In Vienna he thus displayed a policy toward the Church quite different from that which his radical predecessor Bürckel had favored, and it is beyond doubt that ecclesiastical circles in Vienna and the whole of the Viennese population appreciated Schirach’s attitude toward the Church. This is also confirmed by the witness Gustav Hoepken who was examined here and who, by order of Schirach, held regular conferences with a Vienna theologian, Professor Ens, in order to be able to inform the Defendant Schirach of the wishes of the Church and the differences which had arisen with ecclesiastical authorities. Unless he wished to expose himself to the most serious danger, Schirach could do no more under the prevailing political circumstances, which are described in the affidavit of Maria Hoepken, Document Book Schirach Number 3.

I now turn to another point of the Indictment, to the question of the concentration camps. The Prosecution has connected the defendant with concentration camps, although not in the Indictment but during the presentation of evidence; and the witness Alois Höllriegel, who was questioned here, was asked in the witness box whether Schirach had ever been inside the Mauthausen Concentration Camp. To this I should like to remark that the Defendant Von Schirach mentioned his visit to Mauthausen at his interrogation by the American Prosecution before the beginning of the Trial; it would, therefore, not have been necessary to have this visit confirmed again by the witness Höllriegel. He visited the Mauthausen Concentration Camp in the year 1942, not in 1944, as the witness Marsalek erroneously stated; the correct year, 1942, has been confirmed by the witness Höllriegel and also by the witnesses Hoepken and Wieshofer, from whom we heard that neither after 1942 nor at any other time did Schirach visit other concentration camps. The visit to Mauthausen in 1942 cannot implicate the defendant Schirach in the sense of his having known, approved, and supported all the conditions and atrocities in concentration camps. In 1942 he saw nothing in Mauthausen which might have indicated such crimes. There were no gas chambers and the like in 1942. At that time mass executions did not take place at Mauthausen. The statements of the Defendant Von Schirach concerning his impression of this camp appear quite plausible, because the testimony of numerous witnesses who have been heard during the course of this Trial has confirmed again and again that on the occasion of such official visits, which had been announced previously, everything was carefully prepared in order to show to the visitors only that which need not fear the light of day. Maltreatment and torture were concealed during such official visits in the same manner as arbitrary executions or cruel experiments. This was the case at Mauthausen in 1942 and certainly also at Dachau in 1935, where Schirach and the other visitors were shown only orderly conditions, which at a superficial glance appeared to be better than in some ordinary prisons.

As a result, Schirach only knew that since 1933 there were several concentration camps in Germany where, as far as he knew, incorrigible habitual criminals and political prisoners were confined. However, even today Schirach is unable to believe that the mere knowledge of the existence of concentration camps is in itself a punishable crime, since he at no time did anything whatsoever to promote concentration camps, never expressed his approval of this institution, never sent anybody to a concentration camp, and would in any case never have been able to make any changes in this institution or to prevent the existence of concentration camps. Schirach’s influence was always too small for that. As Reich Youth Leader, of course, he had nothing to do with concentration camps in the first place, and it was lucky for Schirach that in his entire Vienna Gau district there was not a single concentration camp. His relations with concentration camps were therefore limited to repeated attempts to have people released from them, and it is after all significant that his sole visit to the Concentration Camp Mauthausen resulted in his exerting his influence to obtain the ultimate release of inhabitants of Vienna who were imprisoned there.

May it please the Tribunal, I do not want to go again into many details which have played a larger or smaller part in the presentation of evidence for the case of Schirach. In the interest of saving time I shall not deal more specifically with his alleged connection with Rosenberg or Streicher, nor with his alleged collaboration in the slave labor program, in which connection not even the slightest participation of the Defendant Schirach could be proved, nor with a telephone conversation which has been used by the Prosecution and which allegedly took place between one of the Viennese officials and an SS Standartenführer regarding the compulsory labor of the Jews, about which Von Schirach knew nothing at all.

But I should like to insert a short remark about one subject which arose particularly in connection with the case of Rosenberg, that is, a brief explanation concerning the Hay Action by which thousands of children in the Eastern combat zone were collected and brought partly to Poland and partly to Germany. The apparent aim of this operation, as far as Schirach could see from the documents presented here, was to collect children who were in the zone of operations, that is, immediately behind the front and wandering around without their parents, with a view to giving them professional training and work so that they should be saved from physical and moral neglect.

The Defendant Von Schirach doubts whether this can be looked upon as a crime against humanity, or as a war crime; but one thing is certain, that the Defendant Von Schirach did not know anything of that affair at the time. He was not the competent authority. That entire affair was handled by Army Group Center in collaboration with the Ministry for the Eastern Occupied Territories, and, of course, it is quite plausible that neither the Eastern Ministry nor the Army Group Center saw fit to approach the Gauleiter of Vienna in order to get his approval of that action, or even to notify him about it.

The only thing which, a considerable time later, came to the attention of the Defendant Von Schirach and may have some bearing on that, the Hay Action, was an incidental report by Reich Youth Leader Axmann that so and so many thousand youths had been brought to the Junkers works at Dessau as apprentices.

The Defendant Von Schirach was anxious to clear up this matter in view of his former office as Reich Youth Leader, and he wishes to make it quite clear that even after leaving that office he would of course never have undertaken anything against the interests of youth.

May I add another remark here concerning the letter which the Defendant Von Schirach sent to Reichsleiter Bormann after the murder of Heydrich, in which he suggested reprisal measures to Bormann in the form of a terror attack upon an English center of culture? That letter was actually sent by the defendant to Bormann. He acknowledges it. I have to point out at the very beginning that fortunately the suggestion remained a suggestion, and it was never carried out. The defendant, however, has told us that at that time he was very upset by the assassination of Heydrich, and it was clear to him that a revolt of the population in Bohemia would necessarily lead to a catastrophe for the German armies in Russia, and in his capacity as Gauleiter of Vienna he had considered it his duty to undertake something to protect the rear of the German army fighting in Russia. And that explains that teletype to Bormann in 1942 (Document 3877) which, as I have already pointed out, fortunately was not acted upon.

May it please the Tribunal, I shall proceed with my statement, the middle of Page 26.

I shall not deal in detail with the Adolf Hitler Schools which were founded by Schirach, nor with the Fifth Column which was somehow, quite wrongly, connected with the Hitler Youth, although nothing definite could be charged to the defendant. I shall not go into either the repeated efforts on behalf of peace undertaken by the Defendant Schirach and his friend Dr. Colin Ross, nor shall I discuss the merits of the defendant with reference to the evacuation of children to the rural areas, which took millions of children from bomb-endangered districts during the war into more quiet zones and thus saved their lives and health.

The Defendant Von Schirach has already talked about all these affairs in detail himself, and I should therefore like to refer to his own statements, which you will consider in your judgment.

As counsel for the Defendant Von Schirach, I shall discuss only one more problem here, namely Schirach’s opinion and attitude concerning the Jewish question. Schirach has admitted here on the witness stand that he has been a convinced National Socialist, and thus also an anti-Semite from his earliest youth. He has also made clear to us what he understood by anti-Semitism during those years. He thought of the exclusion of the Jews from civil service and of the limitation of Jewish influence in cultural life and perhaps also in economic life, to a certain extent. But that was all which in his opinion should be undertaken against the Jews, and this was in accordance with the suggestion which he had already made as leader of the students’ organization for the introduction of a quota system for students. The defendant’s decree concerning the treatment of Jewish youth is, for example, also important in establishing his attitude (Schirach Document Number 136). This is a decree in which he expressly orders that Jewish youth organizations should have the right and the opportunity to practice freely within the limitations imposed upon them. It says that they were not to be disturbed in their own life.